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48426 Federal Register / Vol. 70, No.

158 / Wednesday, August 17, 2005 / Notices

agrees that the questions should be are made on products that are not low who view the Nutrition Facts Panel for
straightforward and specific and calorie. The experimental study looks at the bread will see a higher-fiber, lower-
designed them with those objectives in ranges of carbohydrate content levels for fat bread, while others see a lower-fiber,
the forefront. The terms ‘‘healthier’’ and the products to explore differences in higher-fat bread. The analysis will
‘‘more desirable’’ are not included consumer reaction. evaluate the differences in perception of
among the study questions. Use of a fat The sixth comment argues that the the claims when the nutrient profile
content disclosure statement in this study methods are sound and suggests suggests a more healthful versus a less
study will be consistent with current ways to enhance quality, utility, and healthful product.
regulations (21 CFR 101.13(h)(1)). The clarity of the information to be The seventh comment and eighth
sugar disclosure used in this proposed collected. The comment suggests comments address the quality, utility,
study would accompany a ‘‘good source substituting the soda and frozen dinner and clarity of the information to be
of carb’’ claim. In the study, the stimuli with pasta, cereal, orange juice collected. The comments request that
disclosure would appear on a product or any fruit. The comment does not offer this data collection test changes to the
with ‘‘good source of carb’’ on the front a reason for these preferences. The carbohydrate section of the Nutrition
panel and information in the Nutrition comment also proposes testing white Facts Panel. One of these comments
Facts box that indicates that most of the bread and whole grain bread as separate requests that fiber and sugar alcohols be
carbohydrate in the product is sugars. products. listed separately from other
The goal of this test is to better The three products proposed for this carbohydrates. The other of the
understand how consumers react to a study were selected to understand comments proposes moving
‘‘good source of carb’’ claim on a whether consumer perception of carbohydrates with reduced caloric
product high in sugar and low in other carbohydrate content claims varies value from the carbohydrate listing on
carbohydrates. The agency disagrees when the claim is on a label for a the Nutrition Facts Panel and adding a
with the comment’s suggestion to test a traditionally high-carbohydrate staple listing called ‘‘low calorie ingredients,’’
declaration of calories per serving or (bread), a beverage (soda), and a which would include the subheadings
‘‘see nutrition information for calorie complete meal (frozen dinner). The listings ‘‘fiber’’ and ‘‘other.’’
content’’ in lieu of ‘‘not a low calorie agency does not agree that any of the Evaluating any proposed changes to
food.’’ The agency considers the substitutions suggested in the comment the Nutrition Facts Panel is outside the
statement ‘‘not a low calorie food’’ to be would improve the study. The label for scope of this data collection. This data
an appropriate, explicit statement to the bread does not indicate whether it collection is designed to evaluate
make consumers more aware of calories. is white, wheat, or another grain. consumer understanding of
The disclosure ‘‘not a low calorie food’’ Consumers will view a label claim on carbohydrate claims on the front panel.
is currently seen by consumers in the the front panel for bread labeled simply FDA estimates the burden of the
marketplace when ‘‘sugar-free’’ claims ‘‘home-style.’’ Some of the respondents collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Re- Annual Frequency per Total Annual Re-
Activity Hours per Response Total Hours
spondents Response sponses

Cognitive Interviews 9 1 9 0.5 5

Pretest 150 1 150 0.17 26

Screener 150,000 1 150,000 0.01 1,500

Experiment 10,000 1 10,000 0.12 1,200

Total 2,731
1There are no capital costs or operating and maintenance costs associated with this collection of information.

These estimates are based on FDA’s to take each respondent 36 seconds to DEPARTMENT OF HEALTH AND
experience with previous consumer complete. HUMAN SERVICES
studies. The cognitive interviews are The experiment would be conducted
designed to ensure that the questions Food and Drug Administration
with 10,000 panel members. The
are worded as clearly as possible to experiment is predicted to take each [Docket Nos. 2005C–0302, 2005C–0303, and
consumers. The cognitive interviews respondent approximately 7 minutes to 2005C–0304]
would take each respondent 30 minutes complete.
to complete. The pretest of the final CIBA Vision Corp.; Filing of Color
questionnaire is designed to minimize Dated: August 9, 2005. Additive Petitions
potential problems in the administration Jeffrey Shuren,
of the interviews. The pretest is Assistant Commissioner for Policy. AGENCY: Food and Drug Administration,
HHS.
predicted to take each respondent [FR Doc. 05–16242 Filed 8–16–05; 8:45 am]
approximately 10 minutes to complete. ACTION: Notice.
BILLING CODE 4160–01–S
The screener would be sent via the SUMMARY: The Food and Drug
Internet to the entire 600,000-household Administration (FDA) is announcing
Internet panel, of which 25 percent that CIBA Vision Corp. has filed three
(150,000 households) are predicted to petitions proposing that the color
respond. The brief screener is predicted additive regulations be amended to

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Federal Register / Vol. 70, No. 158 / Wednesday, August 17, 2005 / Notices 48427

provide for the safe use of Color Index Mammography Quality Assurance of products under review. The
(C.I.) Pigment Violet 19, C.I. Pigment Advisory Committee (NMQAAC) in the consumer representative must be able to
Yellow 154, and C.I. Pigment Red 122 Center for Devices and Radiological represent the consumer perspective on
as color additives in contact lenses. Health (CDRH). FDA has a special issues and actions before the advisory
FOR FURTHER INFORMATION CONTACT: interest in ensuring that women, committee; serve as a liaison between
Regarding CAPs 5C0278 and 5C0280: minority groups, and individuals with the committee and interested
Celeste Johnston, Center for Food disabilities are adequately represented consumers, associations, coalitions, and
Safety and Applied Nutrition (HFS– on advisory committees and, therefore, consumer organizations; and facilitate
265), Food and Drug encourages nominations of qualified dialogue with the advisory committees
Administration, 5100 Paint Branch candidates from these groups. on scientific issues that affect
Pkwy., College Park, MD 20740– DATES: Nominations will be accepted consumers.
3835, 301–436–1282. through January 31, 2006.
Regarding CAP 5C0279: Harold ADDRESSES: All nominations should be III. Selection Procedures
Woodall, Center for Food Safety sent to the contact person listed in the
and Applied Nutrition (HFS–206), Selection of members representing
FOR FURTHER INFORMATION CONTACT
Food and Drug Administration, consumer interests is conducted
section of this document.
5100 Paint Branch Pkwy., College through procedures that include use of
FOR FURTHER INFORMATION CONTACT:
Park, MD 20740–3835, 301–436– organizations representing the public
1259. Michael Ortwerth, Advisory Committee
interest and consumer advocacy groups.
Oversight and Management Staff (HF–
SUPPLEMENTARY INFORMATION: Under the The organizations have the
4), Food and Drug Administration, 5600
Federal Food, Drug, and Cosmetic Act Fishers Lane, Rockville, MD 20857, e- responsibility of recommending
(sec. 721(d)(1) (21 U.S.C. 379e(d)(1))), mail: Michael.Ortwerth@fda.gov. candidates of the agency’s selection.
notice is given that three color additive SUPPLEMENTARY INFORMATION: FDA is IV. Nomination Procedures
petitions (CAP 5C0278, Docket No. requesting nominations for voting
2005C–0302; CAP 5C0279, Docket No. consumer representatives to serve on All nominations must include a cover
2005C–0303; CAP 5C0280, Docket No. the NMQAAC. letter, a curriculum vita or resume
2005C–0304) have been filed by CIBA (which should include nominee’s office
Vision Corp., 11460 Johns Creek Pkwy., I. Functions of NMQAAC address, telephone number, and e-mail
Duluth, GA 30097–1556. The petitions The functions of the committee are to address), and a list of consumer or
propose to amend the color additive advise FDA on the following topics: (1) community-based organizations for
regulations in 21 CFR part 73 to provide Developing appropriate quality which the candidate can demonstrate
for the safe use of C.I. Pigment Violet 19 standards and regulations for active participation.
(CAP 5C0278), C.I. Pigment Yellow 154 mammography facilities; (2) developing
(CAP 5C0279), and C.I. Pigment Red 122 Any interested person or organization
appropriate standards and regulations
(CAP 5C0280), as color additives in for bodies accrediting mammography may nominate one or more qualified
contact lenses. facilities under this program; (3) persons for membership on the
The agency has determined under 21 developing regulations with respect to NMQAAC to represent consumer
CFR 25.32(l) that this action is of a type sanctions; (4) developing procedures for interests. Self-nominations are also
that does not individually or monitoring compliance with standards; accepted. Nominations shall include
cumulatively have a significant effect on (5) establishing a mechanism to complete curriculum vitae of each
the human environment. Therefore, investigate consumer complaints; (6) nominee, current business address and
neither an environmental assessment reporting new developments concerning telephone number, and shall state that
nor an environmental impact statement breast imaging which should be the nominee is aware of the nomination,
is required. considered in the oversight of is willing to serve as a member, and
Dated: July 22, 2005. mammography facilities; (7) appears to have no conflict of interest
Laura M. Tarantino, determining whether there exists a that would preclude membership. FDA
Director, Office of Food Additive Safety, shortage of mammography facilities in will ask the potential candidates to
Center for Food Safety and Applied Nutrition. rural and health professional shortage provide detailed information concerning
[FR Doc. 05–16332 Filed 8–16–05; 8:45 am] areas and determining the effects of such matters as financial holdings,
BILLING CODE 4160–01–S personnel on access to the services of employment, and research grants and/or
such facilities in such areas; (8) contracts to permit evaluation of
determining whether there will exist a possible sources of conflict of interest.
DEPARTMENT OF HEALTH AND sufficient number of medical physicists The term of office is up to 4 years,
HUMAN SERVICES after October 1, 1999; and (9) depending on the appointment date.
determining the costs and benefits of
Food and Drug Administration compliance with these requirements. This notice is issued under the
Federal Advisory Committee Act (5
Request for Nominations for Voting II. Criteria for Members U.S.C. app. 2) and 21 CFR part 14,
Consumer Representative Members on Persons nominated for membership relating to advisory committees.
Public Advisory Committees on the committee as a consumer Dated: August 10, 2005.
AGENCY: Food and Drug Administration, representative must meet the following
Scott Gottlieb,
HHS. criteria: (1) Must be from among
national breast cancer or consumer Deputy Commissioner for Policy.
ACTION: Notice. [FR Doc. 05–16330 Filed 8–16–05; 8:45 am]
health organization with expertise in
SUMMARY: The Food and Drug mammography, (2) be able to analyze BILLING CODE 4160–01–S
Administration (FDA) is requesting technical data, (3) understand research
nominations for voting consumer design, (4) discuss benefits and risks,
representatives to serve on the National and (5) evaluate the safety and efficacy

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